This text of Iowa § 455B.423 (Hazardous substance remedial fund) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. A hazardous substance remedial fund is created within the state treasury. Moneys
received from fees, penalties, general revenue, federal funds, gifts, bequests, donations, or
other moneys so designated shall be deposited in the state treasury to the credit of the fund.
Any unexpended balance in the remedial fund at the end of each fiscal year shall be retained
in the fund.
2. a. The director may use the fund for any of the following purposes:
(1)Administrative services for the identification, assessment and cleanup of hazardous
waste or hazardous substance disposal sites.
(2)Payments to other state agencies for services consistent with the management of
hazardous waste or hazardous substance disposal sites.
(3)Emergency response activities as provided in part 4 of this subchapter IV.
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1. A hazardous substance remedial fund is created within the state treasury. Moneys
received from fees, penalties, general revenue, federal funds, gifts, bequests, donations, or
other moneys so designated shall be deposited in the state treasury to the credit of the fund.
Any unexpended balance in the remedial fund at the end of each fiscal year shall be retained
in the fund.
2. a. The director may use the fund for any of the following purposes:
(1) Administrative services for the identification, assessment and cleanup of hazardous
waste or hazardous substance disposal sites.
(2) Payments to other state agencies for services consistent with the management of
hazardous waste or hazardous substance disposal sites.
(3) Emergency response activities as provided in part 4 of this subchapter IV.
(4) Financing the nonfederal share of the cost of cleanup and site rehabilitation
activities as well as postclosure operation and maintenance costs, pursuant to the federal
Comprehensive Environmental Response, Compensation and Liability Act of 1980.
(5) Financing the cost of cleanup and site rehabilitation activities as well as postclosure
operation and maintenance costs of hazardous waste or hazardous substance disposal
sites that do not qualify for federal cost sharing pursuant to the federal Comprehensive
Environmental Response, Compensation and Liability Act of 1980.
(6) Through agreements or contracts with other state agencies, to work with private
industry to develop alternatives to land disposal of hazardous waste or hazardous substances
including but not limited to resource recovery, recycling, neutralization, and reduction.
(7) For the administration of the waste tire collection or processing site permit program.
b. However, at least seventy-five percent of the fund shall be used for the purposes stated
in paragraph “a”, subparagraphs (4) and (5).
3. Neither the state nor its officers, employees, or agents are liable for an injury caused
by a dangerous condition at a hazardous waste or hazardous substance disposal site unless
the condition is the result of gross negligence on the part of the state, its officers, employees,
or agents.
4. The director may contract with any person to perform the acts authorized in this
section.
5. Moneys shall not be used from the fund for hazardous waste or hazardous substance
disposal site cleanup unless the director has made all reasonable efforts to secure voluntary
agreement to pay the costs of necessary remedial actions from owners or operators of
hazardous waste or hazardous substance disposal sites or other responsible persons.
6. The director shall make all reasonable efforts to recover the full amount of moneys
expended from the fund through litigation or cooperative agreements with responsible
§455B.423, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 114
persons. Moneys recovered pursuant to this subsection shall be deposited with the treasurer
of state and credited to the remedial fund.